Ordinance 1987-16 r � ,
17 1-1 1115-
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ORDINANCE 1987-
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
(ROBERT E. LEE) KANE COUNTY BANK S TRUST under TRUST #765 REAL ESTATE
WHEREAS, it is in the best interest of the United City of the Village
of Yorkville, Kendall County, Illinois, that a certain Annexation Agreement
pertaining to the annexation and development of the real estate described
on Exhibit "A" attached hereto and made a part hereof entered into by the
United City of the Village of Yorkville; and
WHEREAS, said Annexation Agreement has been drafted and has been
considered by the City Council; and
WHEREAS. the legal owners of record of the territory which is the subject
said Agreement are ready, willing and able to enter into said Agreement
and to perform the obligations as required hereunder; and
WHEREAS, the statutory procedures provided in Section 11-15. 1-1 through
11-15. 1-5 of Chapter 24 of the Illinois Revised Statutes, as amended, for
the execution of said Annexation Agreement has been fully complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS:
SECTION 1 : That the Mayor and City Clerk are herewith authorized
and directed to execute, on behalf of the City, an Annexation Agreement
concerning the annexation and development of the real estate described therein,
a copy of which Annexation Agreement is attached hereto and made a part
hereof.
SECTION 2: That this Ordinance shall be in full force and effect from
and after its passage and approval as provided by law.
SECTION 3: The United City of the Village of Yorkville hereby grants
a rezoning of said property to "O" Office District.
PASSED at a regular meeting of the City Council of the United City
of the Village of Yorkville on October 22, 1987.
SIGNED and APPROVED by me, as Mayor, this 22nd day of October, 1987.
MAYOR
ATTEST:
FILED FOR RECORD
CITY CLERK nOC KEND L,COUNTY I C
#
(SEAL)
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RECORDER OF DEEDS
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Prep ofed by
Darahue, Thawhill and ason
217 South &7bt a Suet
Yorkville, Alcools 60560
(312)553-0050
October 15,1987
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this 22nd day of October,
1987, by and between the United City of the Village of Yorkville, Yorkville,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and ROBERT E. LEE and KANE COUNTY BANK S
TRUST as TRUSTEE, under Trust #765, of the City of Yorkville, Kendall
County, Illinois, hereinafter referred to as "Owners".
WI TNESSETH:
WHEREAS, the Owners, ROBERT E. LEE and KANE COUNTY BANK
& TRUST as Trustee under Trust #765, are the owners of land, which lies
generally North of and contiguous to the existing corporate limits of the City
which said land is more particularly described on Exhibit "A" attached hereto
and made a part hereof: and
WHEREAS, the Owners are desirous of using said real property described
in Exhibit "A" for business use and are desirous of assuring to themselves
that said land can be used for said purposes if said land is annexed to the
City of Yorkville; and
WHEREAS, the Owners have presented and the City has considered
the tracts of land herein described for business and commercial purposes
in order to make said real estate a desireable addition to the City; and
WHEREAS, the City has requested the Owners to annex the said land
into the City and its Plan Commission and Zoning Board of Appeals and the
City Council have heretofore approved the proposed land use and the zoning
of the same at the joint request of the Owners and the City; and
WHEREAS, all parties to this Agreement are desirous of setting forth
certain terms and conditions upon which the land heretofore described? will
be annexed to the City in an orderly manner; and
WHEREAS, it is the intention of the Owners upon the annexation of
the real estate to the City to use said real property described in Exhibit
"A" for business and commercial use to be located as shown in the annexation
drawing attached hereto, prepared by Donahue, Thornhill and Olson and
dated , 1987, and h-1, accordance with the terms and
conditions of this Agreement; and
WHEREAS, the Owners and their representatives have discussed the
proposed Annexation and have had public meetings with the Plan Commission,
the Zoning Board of Appeals, and the City Council; and prior to the execution
hereof, notice was duly published and a public hearing was held to consider
this Agreement, as required by the statutes of the State of Illinois in such
case made and provided.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties agree, under the terms and authority
provided in Chapter 24, Sections II-15.1-1 through 11-15.1-5, Illinois Revised
Statutes, 1985, as amended, as follows:
I. ANNEXATION AND ZONING: The City shall adopt an ordinance
annexing to the City all of the real estate described on Exhibit "A" and the
City in said ordinance shall zone the real estate described on Exhibit "A",
subject to the further terms of this Agreement as "O" Office District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum
building heights as set forth on Exhibit "A", "O"Office District, said real
estate to be used and developed in accordance with this Agreement and with
the City Subdivision Control Ordinance.
2. The City agrees that in consideration of Petitioner-Owner voluntarily
annexing to the City, the City will do the following:
A) Petitioner-Owner and their successors, heirs, and assigns shall
given free water and sewer hook-ups, waiving any fee customarily
paid to the City on land being annexed to the City for a period
of fifteen (15) years from the date of execution of this agreement.
Nothing contained herein shall be deemed to be a waiver of sewer
hook-up fees due the Yorkville-Bristol Sanitary District which is
a totally independent governmental entity. This agreement further
shall not be construed as a warranty or promise of when water and
sewer main extensions will be made available.
In the event a water meter in excess of I" is necessary for water
service, the cost of said meter shall be paid by the user.
B) The City shall not allow any developer or other party to charge
Petitioner-Owner, or their successors, heirs and assigns for recapture
in order to hook-up to a water or sewer main extension.
C) The City shall pay the cost of preparing all annexation drawings,
petitions, and public notices. The City further agrees to waive
all annexation fees.
D) Petitioner-Owners shall maintain a fifty foot (50') North side-yard.
E) Petitioner-Owner shall provide water detention on-site so as to
prevent the flow of excessive run-off from going on to the residential
lots to the North.
F) That a natural screening shall be maintained to the satisfaction
of the City Zoning Administrator on the North boundary.
3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except
as herein modified or varied, the Owner shall comply, in all respects with
all of the provisions of the Subdivision Control Ordinance of the City in the
development of the real estate herein described in the event of any future
development on the subject property.
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4. BINDING EFFECT AND TERM: This Annexation Agreement shall
be binding upon and inure to the benefit of the parties hereto, successors,
owners or record of land which is the subject of this Agreement,assignees,
lesses, and upon any successor municipal authorities of said City.
5. NOTICES: Any notices required hereunder shall be in writing and
shall be served upon any other party in writing and shall be delivered personally
or sent by registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
If to the City: City Clerk
610 Tower Lane
Yorkville, Illinois 60560
With a copy to: Daniel J. Kramer
Attorney at Law
308 S. Bridge Street
Yorkville, Illinois 60560
If to the Owners: Robert E. Lee
1111 S. Bridge Street
Yorkville, Illinois 60560
Kane County Bank & Trust
as Trustee under Trust #765
122 N. Main
Elburn, Illinois 60119
or to such other addresses as any party may from time to time designate
in a written notice to the other parties.
6. ENFORCEABILITY: This Agreement shall be enforceable in any
Court of competent jurisdictions by any of the parties hereto by an appropriate
action of law or in equity to secure the performance of the covenants herein
contained.
7. ENACTMENT OF ORDINANCES: The City agrees to adopt any ordinances
which are required togiVe legal effect to the matters contained in this Agreement
or to correct any technical defects which may arise after the execution of
this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals this .-" ' day of C.�C: c -(�t 1987.
UNITED CITY OF THE VILLAGE OF YORKVILLE,
Kendall County, Illinois
{
MAYOR
ATTEST.
CITY''CLERK
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..021..._
KANE COUNTY BANK AND TRUST
COMPANY, as Trustee under Trust #765
BY: r
ATTEST:—
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That part of the North East 1/4 of Section 5, Township 36 North, Range
7 East of the Third Principal Meridian, described as follows:
Commencing at the North East corner of said North East 1/4; thence
South 89 degrees, 40 minutes, 05 seconds West along the North line of
said North East 1/4 655.52 feet to the tangent center line of Illinois
State Route No. 47 extended from the South for a point of beginning;
thence South 01 degrees, 44 minutes, 07 seconds East along said
extended tangent line 257.72 feet; thence South 89 degrees, 40
minutes, 05 seconds West 338.14 feet; thence North 01 degrees, 44
minutes, 07 seconds West 257.72 feet to said North tine; thence North 89
degrees, 40 minutes, 05 seconds East along said North line 338.14 feet
to the point of beginning, in the Township of Kendall, Kendall County, Illinois.
" KANE CC TY BANK AND TRUST CO., C.
Trust No. 765
OWNER OWNER
-ALD R AN ALDERMAN,
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